Terms & Conditions

By using the web site www.schoolworx.ca (the “Site”), you agree to the following Terms of Use, which constitute an agreement between you and the owners and operators of the Site. Reference to we or us or our refers to the owner of the Site including any company it controls or which controls it (for example a parent company of the Site owner or a subsidiary of the Site owner) and its shareholders, directors, officers, employees and agents.

By using the Site, you agree to these Terms of Use. If you do not agree to all of these Terms of Use, do not use this Site. We may change these terms from time to time. You will always be able to view the most current version by clicking on the link on the Site.

Proprietary Rights

You acknowledge and agree that the Site contains proprietary information that is protected under Canadian and international intellectual property laws, including the laws of copyright and trademark. Except as expressly authorized by us or our licensors, you agree not to sell, rewrite, modify, redistribute, create derivative works from the Site content in whole or in part.

You may look at the Site online, download individual pages to your personal or handheld computer for later reading, or print a copy of pages for yourself. You may not remove any copyright notices from our materials. We reserve all of our other rights not granted in these Terms of Use. You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site.

Art Submissions

You may submit children’s artwork to us as part of your use of the services offered by SchoolWorx in accordance with the following guidelines.

Number of Art Pieces:

Each book may accommodate a maximum number of artwork pieces and no more than that number should be submitted. Customers will be required to document the number of pieces of artwork shipped to us. An “Art Submission Form” is required to verify that the same number of artwork pieces are received by us as are sent by the customer. If more artwork is submitted than the purchased book will accommodate, we will reissue an invoice for the extra number of pieces included. Any work started will be halted until such balance is paid in full.

Medium:

We define children’s artwork as original works of art created by children in any media typically found in art classrooms of elementary schools. These media may include crayon, markers, pastels, colored pencils, acrylic or oil paints, watercolor paints, paper, small noodles, foam, felt, tissue paper, cotton balls, popsicle sticks, feathers, straws, yarn, leaves, corn kernels, seeds, candy, beans, or any other material normally used by elementary art teachers. All submitted artwork must be either two dimensional (2-D) or fit the parameters of our three dimensional (3-D) acceptances. All 3-D pieces must measure no more than 5 inches on any one side while measuring no more than 3 inches on the two remaining sides.

Artwork Handling

Preparation of submitted artwork for scanning and photographing will involve removing objects that may hold together, attach, organize, fasten, join, connect, or affix artwork. It may be necessary to remove some items to enable us to scan or photograph the artwork in order to produce a professional image and prevent damage to equipment. The items which may be removed may include, tape, stickers, clips, staples, glue, nails, screws, yarn, string, chains, twist ties, or any fastener not herein listed. Some artwork may be detached from a background surface that is not part of the actual artwork (such as frames or background paper) at our discretion. The reason we may extract artwork from any background is solely to enable us to offer the best image and reproduction possible.

We will not reconnect or refasten any artwork that was necessary to disassemble. Artwork will not be stapled, glued, tied, clipped, taped, or refastened in any manner once prepared for reproduction.

Oversized Artwork

We will accept oversized artwork to a maximum size of 24” x 36” for reproduction. Every attempt will be made to reproduce oversized art but we may reject any piece of art for scanning or photographing for any reason.

Please note that the reproduction of any folded or rolled artwork may show creases, folds, rolls, pleats, tucks, lines, grooves, crinkles, wrinkles, scrunches, rumples, or crumples on the final reproduction.

Art Reproduction Variations

We employ digital technology to reproduce submitted artwork. Often times, variations in colors and shades may make the reproduction look slightly different from the original; however, we will attempt to retouch, restore, freshen, or refurbish electronic files of the scanned artwork with commonly used printing pre-press methods. We will make every attempt to reproduce artwork for both virtual imaging and printed reproduction so that the reproduction is as close to the original as possible and of the highest possible quality.

Content: Art Submissions

Only those creations which are clearly the work of a child will be accepted. No adult content may be the subject matter of any piece of art and any threatening, defamatory, abusive, obscene, pornographic, inappropriate or profane material or any other material that could give rise to any civil or criminal liability under applicable law will be not be accepted. The decision to accept or reject artwork will be made by SchoolWorx, solely in its discretion.

Any material that could infringe upon the rights of privacy, publicity, copyrights, or other intellectual property rights without the express permission of the owner of these rights will not be accepted, nor will any material that promotes bigotry, racism, hatred, or harm against any individual or group.

While SchoolWorx is not responsible for any artwork submitted, it reserves the right in its discretion to:

Reject for scanning and posting of any piece of artwork on any customer’s submissions.

Delete, move or edit any submitted artwork that it in SchoolWorx’s sole discretion, deems abusive, defamatory, obscene, inappropriate, or in violation of copyright or trademark laws or otherwise unacceptable.

Take any other action that deems necessary relating to use or misuse of the service of SchoolWorx.

Materials that You Provide to the Site – Perpetual License

When you upload materials or information to the Site, or send us materials, including artwork, you give us an irrevocable, perpetual license to use, reproduce, modify, adapt, publicly perform and publicly display those materials and information in connection with the services offered by the Site. We will consider requests to remove information that you make available through the Site on an individual basis (contact us at the email address we provide at the end of this document). Please also see our Privacy Policy for an explanation of how we use your personal information and your rights to change or delete it. We provide the link to our Privacy Policy later in this document. We ask that you not post any messages with misleading, false, or inappropriate language or statements. We reserve the right to remove any content that we deem offensive or fraudulent at any time without your consent.

User Ideas/Submissions

Should you provide any ideas for product development and/or enhancement to be used by the Site, those ideas automatically become our property and you automatically forfeit your right to any ownership of these ideas, including without limitation any intellectual property in and to these ideas. If you intend to own the intellectual property rights in these ideas please do not submit your concepts or prototype samples to us.

Children’s Privacy

We are committed to protecting the privacy of children. The Site is not intended or designed to attract children under the age of 13. By using the Site, you are avowing you are at least 13 years of age.

Prohibited Use of Site

You may not use the Site to

violate any law, statute, ordinance or regulation;

submit, transmit or otherwise make available any material or content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, offensive, or racially, ethnically or otherwise objectionable. Only those creations which are clearly the work of a child will be accepted. No adult content may be the subject matter of any piece of art and any threatening, defamatory, abusive, obscene, pornographic, inappropriate or profane material or any other material that could give rise to any civil or criminal liability under applicable law will be not be accepted;

harm minors in any way;

impersonate any person or entity or falsely state or misrepresent your identity or affiliation with another person or entity;

manipulate headers or identifiers to disguise the origin of any material or content submitted or transmitted to us;

submit, transmit or otherwise make available any material or content that you do not have the right to make available under any law or contractual or fiduciary relationship;

submit, transmit or otherwise make available any material or content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

interfere with or disrupt the Site, servers or network;

submit, transmit or otherwise make available material or content that contains viruses, worms, corrupt files, Trojan horses and other forms of corruptive code

intentionally or unintentionally violate any applicable local, national or international law, including any regulations having the force of law;

harvest or collect information about or from other clients of Schoolworx without their express consent and, if such consent is provided, only pursuant to applicable law.

We have the sole discretion to determine whether material or content provided by you constitutes prohibited material or content, and any material or content submitted to us may be examined at any time. You acknowledge that although we do not and will not examine and review all material and content submitted or transmitted to us, we have the absolute right (but not the obligation) to review, delete, move, and edit such material and content, or take any other appropriate action with respect to prohibited content and material, for any reason, at any time, without notice. Notwithstanding the above, when you access the Site, you acknowledge and agree that all material or content (whether private or public) that is provided to us and/or uploaded and/or stored on the Site is the sole responsibility of the person who submitted it. You understand that by viewing the Site, you may be exposed to material or content that you consider offensive and you take sole responsibility for such exposure.

Third-Party Software

We may make third-party software available to you from time to time. To access such third-party software, you much first agree to the third-party software provider’s terms and conditions governing use of such software which agreement will be between you and the third-party software provider. We are not a party to any such arrangement between you and a third-party software provider and disclaims any liability and provides no warranties relating to such software.

Third-Party Links

We may provide links to websites, software or services owned or operated by third parties (“Third Party Links”). We have not reviewed all of the Third Party Links to which you may be directed and we have no control over, make no representation as to, and are not responsible for: (a) the content and operation of such Third Party Links or (b) the privacy or other practices of such Third Party Links. The fact that we direct you to such Third Party Links does not indicate any approval or endorsement of such Third Party Links or their content, products or services. We direct to such Third Party Links only for your convenience. It is your responsibility to become familiar with the privacy and other policies and terms of service, including costs associated with, each such Third Party Link.

Other web sites may provide links to the Site with or without our authorization. We do not endorse such sites, and are not and shall not be responsible or liable for any links from those sites to the Site, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.

You acknowledge sole responsibility for, and assume all risk arising from, your use of or reliance on any third party links. You agree that your use of any third party links, including without limitation, your use of any content, information, data, advertising, products, or other materials on or available through such third party links is at your own risk and is subject to the terms and conditions of use applicable to such third party links. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party links.

We reserve the right, at any time and in our sole discretion, to block links to the Site through technological or other means without prior notice.

Linking to Us

Usually, we don’t mind if you include a simple link from your site to the Site. However, you must first ask our permission if you intend to frame the Site or incorporate pieces of it into a different site or product in such a way that is not clear to our users that we are the source of the content. You are not allowed to link to us if you engage in the publication or promotion of illegal, obscene, or offensive content, or if the link in any way negatively impact on our reputation.

Laws that Govern this Agreement

We control the Site from our offices within the province of Alberta in Canada. The Site can be accessed from all other countries worldwide. Since the laws of each user location or country able to access the Site may differ, by accessing the Site, you and we agree that the statutes and laws of the Province of Alberta without regard to choice of laws principles, will apply to all matters relating to use of the Site. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. We do not make any representation that materials made available through the Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws.

Acceptance Procedure

By accessing the Site or registering you agree with all the terms and conditions of these Terms of Use. We reserve the right, in our sole discretion, to change these Terms of Use from time to time, and your continuing use of the Site constitutes your acceptance of and agreement to any changed terms and conditions.

Client Account, Password, and Security

If the Site requires or provides you with the option to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

Payment Terms

All payments will be processed through our Accounting Software Wave or by electronic funds transfer. The Site is not responsible nor liable for the monetary transactions done via Wave Accounting. Refunds for Users and/or Customers are not the responsibility of the Site.

We are not liable for any errors made with Wave Accounting or Electronic Banking. Please view their terms and conditions.

Shipping

SchoolWorx is not liable for the content, or any other Materials, while in transit through or in possession of any third party carrier, including, but not limited to, the Canada Post service, United Parcel Service or Greenway Courier Ltd. You agree to accept complete liability for any content, or any other materials, should they be misdirected, lost, stolen, or damaged while in the possession of, in transit through or otherwise under the control of any third party carrier. All items purchased through SchoolWorx or the services are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to your selected carrier. Due to the nature of the content, no insurance is available for the shipping or the handling of your order, and SchoolWorx offers no warranty or guarantee against damage or loss while your order in transit through or in possession of any third party carrier.

Privacy Policy

We pay special attention to privacy issues. The purpose of our privacy policy is to identify the information we may collect about you, describe the uses we may make of your information and the security measures we take to protect it, and describe your options for controlling your information. You can review our privacy policy at www.schoolworx.ca/privacypolicy.

Consequences

We may take any legal action we think is appropriate. If your violation of these Terms of Use causes harm to others, you agree to hold us harmless against any liability for that harm.

Indemnity

You agree to defend, indemnify, and hold us, our respective officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.

Notice and Take Down Procedures and Copyright Agent

We may request confirmation of the copyright or trademark ownership from the submitter. If we do not receive any such confirmation or if there are continued claims of copyright or trademark infringement relating to certain submissions, we reserve the right to (i) suspend the shipment of an order relating to the submission in question, and/or (ii) share the submitter’s account information with governmental organizations, law enforcement authorities, or other third parties. If you, as a submitter, dispute any copyright or trademark infringement claims, we will share with you the contact information of any party claiming any such infringement. In the event of any such dispute, we reserve the right to suspend the reproduction of any of your submissions until the issue has been resolved.

If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from the Site by contacting the copyright agent (identified below) and providing the following information:

Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.

Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material

A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.

A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.

A signature or the electronic equivalent from the copyright holder or authorized representative.

The email address for the agent for copyright issues relating to the Site is: info@schoolworx.ca.

Should we receive a notice of infringement of copyright, we reserve the right to take down the content giving rise to the notice. In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.

No Warranties

WE MAKE NO EXPRESS OR IMPLIED WARRANTIES, COVENANTS OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO THE SITE, THE SERVICES OFFERED THEREON, SITE CONTENT, THIRD PARTY CONTENT OR ANY OTHER CONTENT.

WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICES OFFERED THEREON, THE SITE CONTENT, THIRD PARTY CONTENT AND ANY OTHER CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED FROM OR ON THE SITE.

WE DO NOT WARRANT: THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR THAT DEFECTS IN THE SITE OR THE SERVICES WILL BE CORRECTED; OR THE ACCURACY OR COMPLETENESS OF THE SITE CONTENT, THIRD PARTY CONTENT, OR ANY OTHER CONTENT; OR THAT ANY ERRORS IN THE SITE CONTENT, THIRD PARTY CONTENT OR OTHER CONTENT WILL BE CORRECTED. THE SITE, THE SERVICES OFFERED THEREON, AND THE SITE CONTENT AND OTHER CONTENT ARE PROVIDED ON AN “AS IS”, “WHERE IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. SOME USER LOCATIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS.

IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES ARISING OUT OF (I) YOUR CONDUCT OR THAT OF ANYONE ELSE IN CONNECTION WITH USE OF THE SITE, THE SERVICES OFFERED THEREON OR THIS AGREEMENT (II) INABILITY TO USE THE SITE, THE SERVICES OFFERED THEREON, THE SITE CONTENT OR ANY OTHER CONTENT, (III) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (IV) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICES, THE SITE CONTENT AND/OR ANY OTHER CONTENT, (V) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION, OR DATA, OR (VI) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICES OFFERED THEREON OR ANY OTHER CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICES, SITE CONTENT OR ANY OTHER CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SITE. SOME USER LOCATIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH USER LOCATIONS THE SITE’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED DOLLARS ($100.00).

IF YOU HAVE A DISPUTE WITH US, YOU RELEASE US (AND OUR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE. YOU AGREE TO INDEMNIFY AND HOLD US (AND OUR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS), HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING LEGAL FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (A) YOUR BREACH OF THIS AGREEMENT, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY (B) YOUR USE, MISUSE, OR INABILITY TO USE THE SITE, THE SERVICES, OR THE SITE CONTENT OR ANY VIOLATION BY YOU OF THIS AGREEMENT.

Termination

You agree and acknowledge that we, in our sole discretion, may terminate your account or use of the Site, and remove and discard any content or materials, including but not limited to, any and all information, image files or any other content submitted for the Site, at any time, without notice, for any reason, including but not limited to conduct violating any applicable law, these Terms and Conditions or other policies or guidelines adopted by us and made available to you. Further, you agree that we shall not be liable to you or any third party for any termination of your access to the Site. We urge you to make personal copies of all content you submit to us.

Complete Agreement

Except as expressly provided in a particular “legal notice” on the Site, these Terms of Use constitutes the entire agreement between you and us with respect to your use (and prior use) of the Site.

Questions or Concerns about Our Terms of Use

For questions or concerns about these Terms of Use, please send an email to info@schoolworx.ca.